2023-05-17 05:30:00
Article 24 of the law of July 6, 1989 specifies that any clause providing for the automatic termination of the rental contract for non-payment of rent or charges on the agreed terms or for non-payment of the security deposit only takes effect two months following an order to pay remained unsuccessful.
The order to pay contains, on pain of nullity:
- the mention that the tenant has a two month period to pay his debt,
- the monthly amount of rent and charges,
- the debt statement,
- the warning that in the absence of payment or of having requested payment deadlines, the tenant is exposed to legal proceedings for the termination of his lease and eviction,
- the mention of the possibility for the tenant to enter the solidarity fund for the accommodation of his department, whose address is specified, in order to request financial aid,
- the mention of the possibility for the tenant to seize, at any time, the competent court in order to obtain a grace period.
When a joint surety commitment has been concluded, the order to pay is served on the guarantor within fifteen days from its service to the tenant. Failing this, the surety cannot be held liable for the payment of penalties or interest on late payment.
After a period of two months following notification of the order to pay, without a response from the tenant, the lease is automatically terminated. If the tenant remains in the premises, the owner may seize the competent court to have the termination of the lease recorded and request the eviction of the tenant.
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